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Surgical Center of Southfield, LLC v. Allstate Property and Casualty Insurance Co.

United States District Court, E.D. Michigan, Southern Division

October 4, 2019

SURGICAL CENTER OF SOUTHFIELD, L.L.C., d/b/a Fountain View Surgery Center, and ISPINE, P.L.L.C., Plaintiffs,
v.
ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant.

          Gershwin A. Drain District Judge.

          ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO COMPEL DISCOVERY FROM ISPINE (ECF 22)

          ANTHONY P. PATTI UNITED STATES MAGISTRATE JUDGE.

         A. Introduction

         Plaintiffs filed this lawsuit, which alleges a violation of Michigan's No-Fault Act and seeks declaratory relief, against Defendant in Wayne County Circuit Court on April 26, 2019. (ECF 1-2.) Among other things, Plaintiffs allege that they:

. . . provided surgical services and surgical facility medical treatment to the insured [B. Slating] during a surgical procedure performed on February 28, 2019, for the injuries arising out of [an August 28, 2018] motor vehicle accident.

(ECF 1-3 at 4 ¶ 14.)

         Defendant removed the case to this Court on May 17, 2019. (ECF 1.) Each of the parties is represented by counsel. (ECFs 3, 4, 11.)[1] On July 31, 2019, Judge Drain entered a stipulated confidentiality, protective, and clawback order. (ECF 9.) That same day, a stipulated order was entered, dismissing without prejudice the “claims for medical services relating to Surgical Center of Southfield d/b/a Fountain View Surgery” and further stating that:

Plaintiff Surgical Center of Southfield d/b/a Fountain View Surgery Center and Allstate shall resolve their dispute regarding Surgical Center of Southfield d/b/a Fountain View Surgery Center's fees related to patient Brian Slating through the case Surgical Center of Southfield, LLC d/b/a Fountain View Surgery Center (Brian Slating) v. Allstate Insurance Company, 19-cv-10991-PDB-APP (E.D. Mich.) and not in any other litigation, including the instant case and any suit filed by Brian Slating against Allstate.

(ECF No. 10, PageID.96-97.)[2]

         B. Instant Motion

         Currently before the Court is Defendant's motion to compel discovery from ISpine (ECF 22), which concerns Plaintiff ISpine's answers to Defendant's interrogatories (ECF 22-3) and Plaintiff ISpine's answers to Defendant's requests for production of documents (ECF 22-4). Judge Drain referred this motion to me for hearing and determination. On September 26, 2019, I entered a text-order, which resulted in the Clerk's Office striking the response and reply. (See ECFs 27-29, 31-32.) Thus, other than the motion itself, I have only considered the September 27, 2019 joint list of unresolved issues and the oral argument of counsel. (ECF 33.)

         On October 2, 2019, I conducted a hearing, at which attorneys Jason Hagelthorn and Andrew H. DeNinno appeared. (ECFs 24, 25.)

         C. Order

         Having considered the motion papers and counsel's oral argument, and in harmony with my rulings and reasoning given from the bench, all of which areincorporated herein by reference as though fully restated herein, Plaintiff's motion to ...


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